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FIRST AMENDMENT TO A G R E E M E N T
THIS FIRST AMENDMENT TO AGREEMENT, dated for purposes of identification only this ___ day of ________, 2022, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM"
A
N
D
AMERICAN GUARD SERVICES, INC., a California corporation, hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H:
WHEREAS, in June, 2018, ANAHEIM entered into an Agreement with CONTRACTOR to provide crossing guard services, at set rates that contained incremental increases over a five year period (the “Agreement”); and WHEREAS, due to rising labor costs brought on in part by the pandemic, CONTRACTOR is requesting an hourly rate increase in the final year (Year 5) of the Agreement of one dollar and fifty cents ($1.50) for all employees, which will potentially increase the total compensation payable in Year 5 by Fifty-Four Thousand Two Hundred and Forty Dollars ($54,240.00).
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 9.J of the Agreement is amended to read in full as follows:
J. For July 1, 2022 to June 30, 2023, the sum of twenty-nine dollars and forty-nine cents ($29.49) per hour for school crossing guards, and the sum of thirty-one dollars and twenty-eight cents ($31.28) per hour for supervisors.
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28 It is understood and agreed that the cost for providing crossing guard services during this time period shall not exceed the sum of One Million Seventy Three Thousand Two Hundred and Thirty-Two Dollars ($1,073,232.00).
2. Except as expressly provided to the contrary herein, all provisions of the Agreement shall remain in full force and effect. The Agreement and this First Amendment to Agreement shall hereinafter be collectively referred to as the "Amended Agreement." The Amended Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof.
3. CONTRACTOR and its signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Agreement on behalf of CONTRACTOR and to bind CONTRACTOR hereto.
4. The Effective Date of this First Amendment to Agreement shall be July 1, 2022.
[SIGNATURES ON FOLLOWING PAGE]
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28 IN WITNESS WHEREOF, the parties hereto have caused this restated and Amended Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
DATED: ____________________, 2022
CITY OF ANAHEIM,
a municipal corporation
By:
Trevor O’Neil, Mayor Pro Tem of Anaheim
ATTEST:
By:
City Clerk
“ANAHEIM”
DATE OF EXECUTION:
DATED: ____________________, 2022
AMERICAN GUARD SERVICES, INC., a
California corporation
By:
______________________
APPROVED AS TO FORM:
By: __
Kristin A. Pelletier
Chief Assistant City Attorney, Civil Division
Dated:
126411.10